Analysing and recording historic buildings | The economic power of conservation No 84 May 2004 Institute of Historic Building Conservation
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C O N T E X T 8 4 : M A Y 2 0 0 4 1 Context THE INSTITUTE OF HISTORIC BUILDING CONSERVATION www.ihbc.org.uk Registered as a Charity Number 1061593. Company Limited by Guarantee. Registered in England Number 3333780. Registered Office: 3 Stafford Road,TunbridgeWells, Kent TN2 4QZ. IHBC Officers President: David Lovie email president@ihbc.org.uk Chairman: Eddie Booth email chair@ihbc.org.uk Vice Chair: JohnYates email vcpolicy@ihbc.org.uk Secretary: Richard Morrice email secretary@ihbc.org.uk Treasurer: Michael Knights email treasurer@ihbc.org.uk Membership Secretary: Mike Lea email membership@ihbc.org.uk Consultations Secretary: Dave Chetwyn email consultations@ihbc.org.uk Law & Practice Coordinator: Vacant email law@ihbc.org.uk Education Secretary: John Preston email education@ihbc.org.uk Publicity Secretary: Sarah Buckingham email publicity@ihbc.org.uk Branch Officers North: John Pendlebury Tel 0191 284 2119 NorthWest: Anthony Blacklay Tel 01270 610050 Yorkshire: Stephen Bateman Tel 01274 754551 West Midlands: Karen Holyoake Tel 01384 826891 East Midlands: Fiona Newton Tel 01507 601111 South: Gill Butter Tel 02380 285324 SouthWest: Colin Ellis Tel 01305 838334 East Anglia: Mike McConnell Tel 01284 735057 South East: Paul Barker Tel 01825 760705 London: Jon Finney Tel 01895 250536 Scotland: Charles Strang Tel 01835 822560 Wales: Nathan Blanchard Tel 01824 708048 Northern Ireland: Sharon BrownTel 028 9754 3087 Republic of Ireland: Bernard Dee Tel +353 1 873 7226 Business Office Jubilee House, High Street, Tisbury, Wiltshire SP3 6HA England Tel 01747 873133 Fax 01747 871718 email admin@ihbc.org.uk Cover: An image from the wall paintings condition survey carried out at Hanbury Hall for the National Trust by the Perry Lithgow Partnership. The house, in Droitwich,West Midlands, was completed in 1701. Reproduced by kind permission of the National Trust. Planning’s missing dimensions Editorial timely in view of the government’s current reform of the planning system, the introduction of planning policy statements, and the review of the heritage protection regime. Talking numbers In the previous issue of Context (March) we noted that the hostile questioning from at least one MP on the House of Commons Urban Affairs Subcommittee was a reminder that the case for conservation had still to be made, at least in relation to buildings in places that need to be regenerated. We return to this theme with an article by theWashington DC-based economic development consultant Donovan Rypkema (p18). Rypkema recognises that historic conservation has a multitude of values: aesthetic, cultural, social, psychological, political, environmental, educational and economic. In the long term, he suggests, the last of those may be the least important. But there are two important things to say about economic value. First, it may be easier to quantify it than some of the other values. Second, the resulting numbers tend to be a language that politicians understand. It is time for us in the UK to start collecting the statistics on the incomes and jobs generated by investment in historic buildings to help us convince some of those influential doubters. Briefing 2 Out of Context 5 Donald Insall: a life of planning, design and craftsmanship 6 Periodically 7 Legal Briefing Charles Mynors and Alex Booth 9 Supporting Columns Brian Morton 12 Lime plaster: a regional variation in East Anglia Rory Sumerling 13 A liberal education in itself Graham Tite 16 The economic power of conservation Donovan Rypkema 18 Analysing and recording historic buildings Shane Gould 23 IHBC response to Heritage Counts 2003 32 Notes from the chair 33 Membership notes 34 Book reviews 35 Products and services 37 Historic building assessment and recording should be an integral part of the English development control framework. The devil is in the detail, though, which is why this issue of Context goes beyond making that case. Shane Gould (p23) provides the detail of how to do it. Gould notes that poor decisions are the likely result when the impact of a proposal on the historic fabric of a building is not fully understood. Records are needed for both effective conservation management and future research. He points out that it has only been since the introduction of PPG15 that the government has recognised studying historic buildings as an important component of good conservation practice. Unfortunately, unlike its sister document for archaeology, PPG15 continues to be under-used. We only rarely ask for impact assessments in support of planning/ listed building applications, or attach conditions for recording features that may be lost or destroyed during the course of works for which consent is being sought. And record systems for the conservation of the historic built environment and the management of information arising from the development control process are also poorly developed. Gould’s findings are particularly
2 C O N T E X T 8 4 : M A Y 2 0 0 4 Context Editor Robert Cowan Editorial Coordinator Nigel Barker, 65Worplesdon Road, Guildford, Surrey GU2 9RT. Tel 01483 562 851 email nigel57uk@yahoo.co.uk Editorial Board Nigel Barker (chair) Susan Brook (treasurer and IT) Nigel Crowe (main features) Peter de Figueiredo (book reviews) Julia Smith (IHBC branches) Michael Taylor (main features) Cartoons by Robert Cowan Context is distributed to all members of the Institute of Historic Building Conservation. © Institute of Historic Building Conservation 2004 ISSN 0958-2746 Publisher Published for the Institute of Historic Building Conservation by Cathedral Communications Limited, High Street, Tisbury,Wiltshire, England SP3 6HA Tel 01747 871717 Fax 01747 871718 email context@cathcomm.demon.co.uk www.buildingconservation.com Non-member subscriptions to Context Context is available to non-members of the IHBC at an annual subscription rate, including postage, of: United Kingdom £50.00 Elsewhere £75.00 Subscription orders, together with remittances payable to Institute of Historic Building Conservation, should be sent to the IHBC Business Office at Jubilee House, High Street, Tisbury, Wiltshire SP3 6HA. The views expressed in Context are not necessarily those held by the IHBC nor the publisher. Neither the publisher nor the IHBC shall be under any liability whatsoever in respect of contributed articles. We gratefully acknowledge the support of firms whose advertisements appear throughout this publication.While every effort has been made to ensure that the information contained in this issue of Context is current and correct, neither the IHBC nor the publisher can be held responsible for any errors or omissions which may occur. Briefing Copy deadlines Context is published five times a year, in March, May, July, September and November. Copy deadlines in 2004 are: Issue Date July, Issue 85 17 May September, Issue 86 12 July November, Issue 87 13 September give very little weight to conservation arguments to retain traditional thatching materials and were, instead, swayed largely by economic arguments. The IHBC technical subcommittee is undertaking research into listed building thatching policies in the UK. The aim is to establish which local authorities have adopted policies related to thatching, and how effective these are in dealing with applications for changes of material or thatching style and in tackling appeals. The first stage of the research is a survey of local authorities to find out which have adopted thatching policies and what their experience has been in practice. The information will be used to build up a picture of successful practice from which other authorities may benefit. All local authorities will shortly receive a questionnaire and I hope that those of you who work as conservation officers will take the time to complete and return it. The information provided may be useful even if there are only a handful of thatched buildings in your area. All completed questionnaires will be entered into a draw to win a copy of the English Heritage Research Transactions on Thatching. Alison Henry, chair, IHBC technical subcommittee Funding cut for church casework English Heritage is to reduce its grant towards the Victorian Society’s church casework from £17,100 to nothing over the next three years, the IHBC’s North West newsletter reports. Despite meetings between Ian Dungavel of the Victorian Society and Simon Thurley of English Heritage, the decision to phase out church grants has not been reversed. Matthew Saunders, secretary of the joint committee of the amenity societies told NorthWest: ‘The situation is highly regrettable. Nineteenth century churches are under threat in the north west like no other region’. A general grant provided to the amenity societies is split between the seven bodies. SPAB and the Victorian Society get extra cash for church work, as most listed churches are described as ancient or Victorian. The phasing-out may lead to the Victorian Society losing its churches officer. This blow for the amenity societies comes at a time when the Ecclesiastical Exemption Order is due for review. IHBC to research thatching policy The word ‘thatch’ conjures up images of picturesque country villages and pretty chocolate box cottages where the pace of life is slow and things have remained much the same for generations. In some parts of the country, though, this peaceful scene masks a heated controversy embroiling conservation officers, thatchers, homeowners, farmers and woodsmen. The debate is over the introduction of thatching materials, styles and techniques, which may be traditional in some areas, into other areas where they are not traditional – and where they are considered by some as alien and harmful both to the character of historic buildings in that area and to the regional diversity of thatching traditions. In some areas there has been resistance to applications for consent to change from one type of thatch to a different type. Until recently, planning policy guidance appeared to provide little support for this stance. PPG15, published in 1994, contained clear advice about the need to retain ancient, smoke-blackened thatch but, although it mentioned regional thatching traditions and detailing, the importance of the different thatch materials was implied rather than specified. In recognition of the deficiencies in national policy advice, English Heritage published Thatch and thatching: a guidance note in 2000. This document considered in detail the importance of the different thatch materials and styles in contributing to regional diversity and historic building character, and provided a clearer basis for strengthening local policy in favour of retaining traditional materials, methods and styles. The document issued a call for local authorities to formulate policies based on a thorough knowledge of local thatching materials and to adopt such policies as supplementary planning guidance. There have been several appeal decisions in recent years in which planning inspectors have appeared to
C O N T E X T 8 4 : M A Y 2 0 0 4 3 Many listed churches in the region are Grade II. As English Heritage rarely gets involved in Grade II listed buildings, and the listed building controls still appear to be inadequate for some exempted bodies, the amenity societies may be the only source of expert advice for some church proposals. NorthWest reports two positive developments. First, English Heritage has offered an additional £100-200,000 to be shared by the seven amenity societies over the next three years, specifically to accommodate the planning portal. Electronic consultation would allow for a joint clearing house that could be used by all the amenity societies. Second, the general grant to the amenity societies is also expected to rise over each of the next two years. New life for Cowdray ruins The Heritage Lottery Fund has awarded the Cowdray Heritage Trust a grant of almost £2.8 million to conserve Cowdray ruins and the surrounding historic landscapes. The site is due to open in 2006 as a tourist attraction for Midhurst,West Sussex. Cowdray House, a Grade I Tudor mansion that featured in the BBC’s ‘Restoration’ programme, is currently a building at risk. English Heritage has long taken an interest in the site. In the late 1990s it commissioned conservation architect Daryl Fowler to produce a conservation plan. Until his untimely death the bid to save Cowdray was driven by Fowler’s vision of how to rescue the ruins from accelerating dilapidation, and his plan to incorporate the site into a town-wide heritage trail. English Heritage has now agreed to pay the cost of recording the ruins. It will take a leading role in writing a brief and appointing architects to the project. The buildings stand on a flat site below the Norman castle ruins on St Anne’s Hill. Sir David Owen had married the heiress to this ancient feu and used his good position with regard to the newly enthroned Tudors to begin an ambitious mansion. He never completed it, and his rights of succession were purchased by another courtier, Fitzwilliam, who enjoyed a good place at the court of the new king, Henry VIII. Nevertheless, it was not until Fitzwilliam’s half brother Sir Anthony Browne took over that the great stone courtyard house reached completion in the mid-1500s. Browne had also received Battle Abbey in East Sussex after the dissolution of the monasteries, and until the early 18th century the two properties were rivals for the family’s funds. Eventually Battle was sold. For half a century, until the fire that reduced Cowdray to a shell, theWest Sussex mansion became home to a rich art collection and library. The elaborate renaissance fountain that formerly adorned the central courtyard is now on show in the sculpture court of the Victoria and Albert Museum. During the civil war there had been a proposal from Roundhead forces to demolish this Royalist stronghold. Parliament sent a note from London to say that the building should be preserved for the nation’s good. An early instance of listing? Graham Tite Radcliffe Observatory conserved The first phase of a £750,000 conservation project to restore the Radcliffe Observatory, one of Oxford’s most important scientific buildings, has been completed. The Radcliffe Observatory was completed in 1794 to James Wyatt’s design.Wyatt based his design on the Tower of theWinds in Athens, and may have been inspired by a 1762 illustration of the original Greek tower. Around the top of the stonework are figures representing the eight classical winds, sculpted by John Bacon. Below the balcony are signs of the zodiac modelled by J Rossi and manufactured by the Coade factory using Mrs Coade’s secret formula (only recently rediscovered) for the material. Among the signs of the zodiac on the north face are three Morning, Noon and Evening panels, also in Coade stone but sculpted by Robert Smirke. The building was used for its intended purpose of astronomical observation until 1935 when the Radcliffe Trustees eventually abandoned Norman Thelwell: passionate supporter of conservation Older members of the IHBC, who helped found the Association of Conservation Officers in 1981, will know that much of its early success depended on a large circle of friends. Norman Thelwell, who died in February, was one of those. Born in 1923, he developed his skills as an artist in and around Liverpool before joining the army in India. Although remembered as a cartoonist, particularly of small girls on round ponies, he was essentially a landscape artist with a great love of rural England. Thelwell despaired of its destruction at the hands of the bulldozer in the years after the war, and lent his skills as an artist to those who shared his views, including those who opposed gravel extraction in the Test Valley, where he lived just north of Romsey, and those like the ACO who promoted conservation in place of demolition. Michael Pearce, former president of the Association of Conservation Officers Restoring theWinds
4 C O N T E X T 8 4 : M A Y 2 0 0 4 it. Air pollution limited optical observation and new instrumentation and a new observatory on the south side of the University Parks made the building redundant. In 1977 it was allocated to the newly emerging Green College. The work will be divided into three phases, bearing in mind that lime mortar can only be applied in mild weather, that use of the building needs to continue as the social and academic heart of the college, and that the college itself is the home of resident students. A fourth phase will conserve the Observer’s House and the link between it and the Observatory. Award for Chelmsford waterways Chelmsford’s newly transformed waterways have won the Waterside Development category of the Waterways Renaissance Awards 2003. The award is based on the work being done in Chelmsford to make the town’s waterways – the Rivers Chelmer and Can, and the Chelmer and Blackwater Navigation – once again an important feature of the town centre. This work contributed to the council being awarded Beacon status for its work on promoting quality of the built environment. The council works with a number of partners on riverside projects including the InlandWaterways Association, Chelmer and Blackwater Navigation Company, Essex County Council, Chelmer Canal Trust and the Environment Agency. Initiatives contributing to the transformation of the waterways network include new riverside walks and cycleways connecting to the town’s parks and residential areas; using the river for recreational boating and canoeing, river and canal trips; restoring Springfield Basin as a catalyst for new development; and using the reopened Navigation as the basis for regenerating the Chelmer Waterside area. TheWaterways Renaissance Awards are promoted by theWaterways Trust and the British Urban Regeneration Association. Green Flag parks online A new website has been launched dedicated to 182 parks and spaces in England andWales which have received a Green Flag award. The site is being launched by the Green Flag award scheme, the national standard for parks and green spaces, managed by the Civic Trust, with CABE Space as the main funding partner. The scheme recognises the value A selection of Green Flag winners, from top to bottom: Cockington Country Park,Torquay (Torbay Coast & Country Trust); King’s Heath Park, Birmingham (Mike Hinton); Newark Castle Gardens, Nottinghamshire (Michael Penty);The Peace Gardens, Sheffield (Sheffield City Council); Sefton Park Palm House, Liverpool – Green Pennant winner (Chris Brink Photography) of green spaces to communities, particularly in urban areas, and rewards excellent standards of green space management. See www.greenflagaward.org.uk Pioneering digital archives The first-ever digital archive of ‘born-digital’ government documents, launched by the National Archives last year, has been short-listed for the PilgrimTrust Digital Preservation Award. The winner will be announced in June. In 2005 all new government information must be available electronically. Records from high-profile public enquiries, departmental websites, parliamentary committees and royal commissions are currently held in the archive. The Digital Archive is available free of charge in the public reading rooms at the National Archives in Kew and on the National Archives’ Network. A large-scale internet presentation system is also in development, to allow worldwide access from 2005. The National Archives has created a new free online data store of software product information called PRONOM. This provides information for anyone who needs to preserve electronic records over the long term and aims to help with the problem of software obsolescence. See www.records.pro.gov.uk/pronom. A new DVD version of the 1986 BBC Domesday Project is now available to view free in the library at the National Archives. ‘Domesday Community’ was developed by an independent enthusiast with the backing of the National Archives and the BBC. See www.nationalarchives.gov.uk Pilgrim shortlist This year’s shortlist for the 2004 Pilgrim Trust Conservation Award has been announced, celebrating excellence in completed conservation or restoration projects in museums, galleries, historic buildings, libraries and archives. The projects are: • The Carved Room at Petworth House,West Sussex. The National Trust has entered its conservation and historical re-arrangement of the contents of the room, including the reinstatement of carvings by Grinling Gibbons and four landscapes by Turner commissioned for the room. • The 1829 JC Bishop organ at St James Bermondsey, London. This project, by Martin Goetze and Dominic Gwynn, has brought to full working order the derelict 19th century organ, a
C O N T E X T 8 4 : M A Y 2 0 0 4 5 unique survival from a period of rapid change in musical tastes. This was done through reconstruction in the style of the original organ-builder, while retaining as much as possible of the original components. • The Thornham Parva Retable. This 14th century altarpiece was conserved by the Hamilton Kerr Institute, Cambridge, and reinstalled in St Mary’s Church, Thornham Parva, Suffolk, in Sponsored by the PilgrimTrust, the awards are also supported by the Museums, Libraries and Archives Council, English Heritage, the National Preservation Office, the Institute of Paper Conservation and the United Kingdom Institute for Conservation. See www.consawards.ukic.org.uk Analysis and action at Cardiff Cardiff Castle is the subject of a major programme of conservation, supported by the Heritage Lottery Fund, which Thornham Parva Retable ‘THE GLEE the mayor takes in opposing urban conservation is like Mr Brown’s glee in devastating the countryside. Both regard local community as for wimps and conservation as effeminate. Real men go to the south of France and drink champagne with lobbyists.’ Simon Jenkins writing in London’s Evening Standard. ‘CONCERNS were expressed that the skills and interests of the two memberships were so different that the resulting combined institute would fail to meet the needs of conservation officers. ‘There was also disquiet as the official project outline identifies that the IHBC has some scope for increasing fees while the IFA has little. The executive felt that the leadership had not taken into account that IHBC members largely retain additional professional memberships, and their ability to pay ever-increasing membership fees, while experiencing poor promotional prospects, may not be as flexible as the leadership believes.’ Peter Hoey reporting in IHBC NorthWest the north west branch executive’s response to news that the IHBC and the Institute of Field Archaeologists have been discussing the possibility of amalgamation. ‘SOME AREAS of the town do need redeveloping, but we certainly don’t need to fill in the grassy bits. If they start destroying those, the place won’t be worth living in. ‘Harlow’s layout is unique, and architectural students come to visit it from all over the world. The density is quite considerable.We don’t have gardens, or only very small ones, so we need this public open space.’ John Curry of Harlow Civic Society quoted in Building Design after a regeneration scheme for the Frederick Gibberd-designed former new town threatened to build on its green wedges. Correction The quote from Jeff Howell in the March issue of Context was from the Sunday Telegraph, not the Daily Telegraph. an environmentally controlled case designed and built for the church. • The Battle of Hastings painting, a monumental 27 by 17 foot work by the Victorian painter FWWilkin, was found in a torn and tattered state after 120 years of neglect. It has been restored to its former glory by the English Heritage Conservation Studio and now hangs in its original position in the Great Hall at Battle Abbey, Sussex. • TheWhitworth Art Gallery, Manchester, holds an internationally recognised collection of historic wallpapers, ranging fromWilliam Morris designs to Beatles and Manchester United papers from the 20th century. Conservators at the gallery designed innovative storage methods to protect the wallpaper rolls from damage while also achieving greater public access to the collection. • The Art of Conservation exhibition held in 2003 at the Mercer Art Gallery, Harrogate displayed paintings, drawings and prints from the gallery’s collections not normally seen because of their poor state of repair. • The Martyrs’ Memorial, Oxford standing in the heart of the university city, had suffered decades of decay and erosion by traffic pollution before being cleaned and repaired (see Context 80, July 2003). The winners will be announced in June. Cardiff Castle viewed from Bute Park will see the fabric and foundation of the castle restored, conserved and enhanced over the next five years. The castle is owned and managed by Cardiff Council. The first stage of the project was an 18-month research and analysis programme which will form the basis for subsequent conservation and interpretation plans. The process began with the Cardiff Castle Conservation and Management Plan, which the council prepared following a detailed study of the site. The £8 million project is supported by a Heritage Lottery Fund grant of £5.7 million – the largest grant ever awarded inWales for a conservation project. Further information at www.cardiffcastle.com The Battle of Hastings
6 C O N T E X T 8 4 : M A Y 2 0 0 4 From an oration by Dr Mark Horton on the occasion of the award of an honorary degree of Doctor of Laws at the University of Bristol to Donald Insall. for the medieval historian, John Harvey. One of the techniques he used to record fabric was photography, and helped by his father he was one of the early pioneers of photogrammetry. Design, planning and craftsmanship were to be the keystones of his professional life. Donald went to work with the London architects Phillimore and Jenkins. It was a good time to be in conservation, as the government had just decided to give state aid for the repair of historic buildings, and work flowed in. Donald, with co-Lethaby scholar Peter Locke, decided to set up their own practice in 1958, initially working from the kitchen table. It was very much a family business, with at first Donald’s father and later his wife Libby giving huge help. Soon their projects included some of the great buildings of Britain, like Kedleston, The Vyne, Knebworth, Raby Castle, Battle Abbey, Petworth, Speke Hall, Croft Castle and Chevening. The practice developed a strong relationship in particular with the National Trust. However, the one place that Donald is most associated with is not a historic house but the ancient city of Chester. The early 1960s was a grim time for our historic cities. The old was being ripped out and replaced by concrete jungles; inner ring roads destroyed the topography of medieval lanes and passages. The system of protecting single buildings was clearly failing, and a new approach was needed. Chester was to be a case study of how we think about our historic environment, and Donald had the skills both as an architect and planner to work out what to do. The study of Chester, published in 1966, is an international landmark for urban conservation. The team spent several years understanding the historic fabric of the city, visiting over 400 buildings and assessing the importance and quality of each. Their approach is that urban space is dynamic, and has evolved through time, so what is best from the past should be conserved and retained, but positive changes also encouraged, as urban decay is a downward cycle. So regeneration can spread from a single building, to a street and neighbourhood.We owe the survival of Chester to this pioneering work, and this approach spread to other towns and cities. The work of a conservation architect is always a balancing act between restoration and renewal.When, we may ask, is material so old and decayed it needs replacing? Or when should we keep it, because it is ancient and historically important? In some cases, the architect should leave his work completely unnoticed, as in restoration work at the House of Lords to invisibly replace of the roof bosses which fell on to the bench where centenarian Lord Shinwell sat, fortunately after the noble Lord had already gone to bed. Other buildings suffer greater catastrophes, and possibly the most famous took place in the annus horribilis, 1992. The fire that ripped through Windsor Castle left the staterooms in ruins and many questions were asked. Should it be restored as it was, or should we have new buildings? A large team was assembled of architects, craftsmen, builders, even archaeologists, and Donald’s practice acted as the coordinating architects for this great project. There were two committees – one chaired by Prince Charles, concerned with the aesthetic and design aspects, and a second, chaired by Prince Philip, to ensure that the work came in within budget. The work of the architects was a hugely complex and responsible one: but the fact that the restored apartments were greeted with universal critical acclaim, and on schedule and budget, was largely due to the genius of Donald’s team to keep all the participants working together with their tact, charm and diplomacy. In the midst of a by-now large and growing practice, Donald still found time to educate the next generation of architects – through lecturing and conferences in Britain, continental Europe, America, even in India, promoting the importance of conservation worldwide. He taught on our own university’s diploma of architectural conservation. He has acted on numerous committees, the most important being probably the Historic Buildings Council and Ancient Monuments Board that led up to the creation of English Heritage in 1984, on which he then served as a commissioner. He has helped many local societies and amenity groups, and has acted as patron of several. Awards are almost too numerous to mention; the practice has now accumulated over 100, while Donald was awarded the OBE in 1981, and the CBE in 1995, and a number of medals, including most recently, Europa Nostra’s Medal of Honour. Donald Insall: a life of planning, design and craftsmanship We have before us one of the leading conservation architects of his generation, who against the tide of thoughtless modern development, has so greatly contributed to the preservation of our nations’ buildings and historical places. Donald Insall is still very active today, working for a large practice of architects that bears his name, with branches in six of our historic cities. He still arrives every day to work at their head office on a 750cc BMW motorbike. Donald Insall was born in Bristol in 1926. He studied at the Royal West of England Academy School of Architecture, later absorbed within the university, from 1942 and returned to Bristol to complete his architectural qualifications after war service. He then moved to London to study civic design at the Royal Academy and later to the School of Planning. This unusual move for an architect gave Donald an appreciation of the wider thinking that was so important in his later work. Another key influence was his Lethaby Scholarship of the Society for the Protection of Ancient Buildings which, on a tiny stipend, enabled him to work for six months with specialists and traditional craftsmen such as thatchers and stonemasons. The next 18 months was spent measuringWinchester College
C O N T E X T 8 4 : M A Y 2 0 0 4 7 Periodically… One of the unintended charms of ASCHB Transactions is that the date of publication can never be anticipated with any certainty other than a distinct lateness. Hence Volume 26 for 2001 has just appeared, with no certainty that the series will ever quite catch up chronologically. Arrival, however merits the wait. For those who are not members of the Association for Studies in the Conservation of Historic Buildings, the Transactions are always worth seeking out as they permit conservation issues to be treated in great depth and to a length which might tax even the Journal of Architectural Conservation. Although there are only four articles, they exemplify the breadth of current conservation practice. Martin Stancliffe and Seamus Hanna give a very detailed account of the investigation into the causes of deterioration and the approach to long-term preservation of the Chapter House of c1288 at Southwell Minster. The article shows how an integrated approach of combined practical treatment and prevention formed a sound basis for a sustainable conservation strategy based on longterm care and maintenance with minimal intervention. Important decisions were thus taken on a gradual basis, giving cost savings, but the record of the treatment and the future monitoring arrangements will also prove invaluable in assessing the effectiveness of the work carried out. The second article addresses the problems of a building completed in 1966 and listed Grade ll as recently as 1997 – The Curzon mixed-use development in Mayfair by Sir John Burnet, Tait and Partners. Eleni Makri of the Halpern Partnership explains in detail (and with clear drawings but rather murky photos) the conservation principles and practical problems of replacing the sophisticated aluminiumframed ribbon glazing. This had been manufactured by a PG Allday and Co, which dissolved in 1989. Documentary research in this case was also essential, as was the principle that an understanding of the development of the technology and its implications for architectural expression should not be lost. Interesting issues are prompted about the ease with which recent technology may be discarded undocumented, only for replication to become potentially a very modern lost art. Staying with the 20th century, John Scofield, head of military programmes at English Heritage, muses on the architectural legacies of the cold war. It had huge cultural significance but interpreting it is problematic, given the lack of available records and testimonials. There are unique opportunities of what Scofield calls an ‘archaeology of us’ through a methodology that embraces many interest groups and the media; art and archaeology; buildings and monuments; and war and peace. Finally Peter Minter, a living national treasure if ever there was one, describes the history and operation of his Bulmer Brickworks in Suffolk. So many of us involved with brick buildings have relied on his wise council over many years as the source of specials from his huge array of moulds (4,000 different shapes and counting). This has been so essential to repair and reinstatement projects that it is nice to see a description of the operation in print. The Journal of Architectural Conservation (mentioned above) has just appeared for March 2004 (Volume 10, No 1). Ingval Maxwell of Historic Scotland, David Heath of English Heritage and Paul Russell of the Scottish Conservation Bureau present a succinct recent background and a coherent overview of the fraught issue of accreditation in historic building conservation and the work of the Edinburgh Group. This is a complex subject where organisational acronyms seem to litter the scene more fully than pebbles on a beach.Whatever the merits (or otherwise) for individual practitioners of accreditation, or the eventual numbers involved, this article is a good basis to understand the background and set out to investigate the detail more fully. It could be argued that the question of why some form of accreditation within the UK would offer valuable assurances to clients is indirectly answered by another article in the same issue. It explains the technical expertise employed by a consultant engineer working on the maintenance and restoration of historic buildings when faced, for example, with analysis and remedies for moisture movement in church plasterwork. The church dates from around 1450 and for the past century moisture has been affecting wall paintings. The example is from Denmark. The author explains how relative humidity at 100 per cent within the walls acts as a moisture reservoir to maintain a permanent state of equilibrium. The best way to prevent an accumulation of salts is to reduce evaporation from the walls. Another valuable article looks at the balance between technology and tradition in the conservation of stonework. It highlights problems resulting not only from recent departures from traditional materials and their uses, but also from practices of former centuries where the construction details and specifications do not appear even to have been written down. The transfer of skills by master masons was based on an oral tradition. Also worth drawing attention to is an illuminating item (the first of two parts) on the conditions required to enable historic windows and doors to remain serviceable rather than be replaced. The article does not rework the arguments from the English ‘Framing Opinions’ campaign. Instead it is based
8 C O N T E X T 8 4 : M A Y 2 0 0 4 on Swedish research examining the scientific evidence of performance of original features, to help counter the arguments for replacement with triple glazing. This could not be more topical in the light of ever-increasing pressures for greater energy efficiency – and as a counter to the high-pressure sales techniques of plastic window companies. The second part is awaited with eager anticipation. The monthly Natural Stone Specialist (January 2004) began the year with an attractive design makeover, giving the magazine improved typography and layout. Heritage-related themes remain to the fore, with an overview of recent conservation publications and last year’s ‘Restoration’, as well as industry news. The latter includes plans by Lambs, the brick and terracotta manufacturers of Sussex, to excavateWealdon Sandstone near East Grinstead on a significant scale or the first time in many years.Wealdon is often likened to weathered Bath stone, and the natural patina that appears with ageing (a bit like conservation officers) gives it a pleasing warmth. The tight grain and size of the blocks Lambs intend to extract will lend it to carving capable of carrying fine detail. The spring edition of SPAB News (No 1, Vol 24) pessimistically predicts the death-throes of conservation areas unless the onslaught of plastic windows can be halted. It takes evidence from condition. For the latter the plea is that back-of-house facilities should function to a reasonable basic level – especially crucial for touring venues. There seems to be almost a theatricality in the inability of local authorities to understand these buildings fully or to know how to stem the decay which is all too evident to the performers (and in some cases the unfortunate audiences). None of this is assisted (as indicated elsewhere in the same issue) by some councils not even being aware of their statutory obligation to consult the Theatres Trust on proposals affecting any building in their area used for theatrical performance. After Oxford and Bath, TheVictorian (March 2004) has turned its spotlight on major Anglican churches in Brighton and Hove under threat as a consequence of a review by the Diocese of Chichester. Nine churches are to be closed in Brighton and six in Hove. The problem seems familiar: too many churches and too few worshippers. The society is concerned that what it describes as an ‘astonishingly illinformed’ report deals only with pastoral concerns, not the magnificent legacy of some of the finest 19th century churches in the country. The report does not even describe the architects, the listing grades or the benefit of past English Heritage grants. This is an excellent campaigning polemic and a good demonstration of why national amenity societies are important. All the threatened churches are illustrated. There are good succinct articles on Pearson’s Hove churches including the Grade l, All Saints; the spectacular and massive St Martin’s Brighton by local architect Somers Clark (a pupil of Sir Gilbert Scott); and St Peter’s Brighton, an important early work by Barry (1828). All three are proposed for closure. Elsewhere Teresa Sladen reports on how the relatively modern and never wealthy Manchester diocese tackled this problem following joint funding from English Heritage to assess not only historic quality but also the condition and financial position of each parish. Sladen persuasively argues that the employment of a diocesan conservation officer, as recommended in the Newman Review of the Ecclesiastical Exemption, would make such a difference. It is a timely review in the light of the present review of the Pastoral Measure, the role of the Redundant Churches Advisory Board and the DCMS current consultation of the Exemption. Bob Kindred MBE Shattered terracotta cornice of the Capitolio in San Juan, Puerto Rico.The massive damage and imminent collapse were the result of a combination of salt water and pollution penetration causing steel corrosion and the consequent loss of the structural support system. Matters were made worse by the lightweight cinder-crete backing, which produced sulphuric acid when water got into it (Journal of Architectural Conservation). Heritage Counts about the loss of 95 per cent of the original windows in four conservation areas.With strong public support for everyday heritage, there is a serious policy mismatch. SPAB effectively marshals all the usual arguments about soulless replacements and the unattractive, unauthentic environmentally questionable character assassination in progress. It argues strongly for better and more comprehensive use of Article 4 Directions, with a case example from Hampstead Garden Suburb. What can be expected from the overworked, under-resourced Davids of planning departments against the Goliaths of the plastics industry on the one hand, and the believers that our heritage should be maintenance-free on the other, is an entirely pertinent matter unlikely to be resolved in favour of conservation without intensive micromanagement of historic areas. A recent attack by a leading stage actress in The Independent on the poor physical conditions for performers in Lord Lloyd-Webber’s West End theatres is partly echoed by a further piece by Marilyn Cutts (of Fascinating Aida fame) in the Theatres Trust Newsletter (No 71, March 2004). Both actresses emphasise that these theatres (many of them listed) have to function properly to survive. For the former, the concern is having the basic infrastructure of the buildings in sound
C O N T E X T 8 4 : M A Y 2 0 0 4 9 LEGAL BRIEFING Access for disabled people to historic buildings October 2004 is the date on which Part III of the Disability Discrimination Act 1995 finally comes into force. Charles Mynors and Alex Booth report. Part III of the Disability Discrimination Act 1995 comes into force in October, some nine years after the Act was first passed. The 1995 Act imposes a positive duty on ‘service providers’ to make adjustments to the way in which they provide the service in question, and to the premises on which they provide it. In all cases, the duty is to take ‘such steps as it is reasonable, in all the circumstances, for him to have to take’. Some of those steps may well include altering buildings, and where those buildings are listed or otherwise of architectural merit, that will lead to a conflict between the requirements of the 1995 Act and those of historic buildings legislation. It is therefore important for practitioners in the conservation field to be aware of what the Act really requires. New buildings The erection of new buildings, and extensions to existing ones, is the subject of Part M of the Building Regulations 1991 (Access and Facilities for Disabled People). An Approved Document was issued in 1992, and revised in 1999; a further revised edition was issued in draft in August 2002.These set out a number of useful guidelines for such detailed matters as the dimensions of toilets for those in wheelchairs, and the maximum lengths of ramps – which are equally applicable when planning alterations to existing buildings. The result of these provisions is that many buildings erected in the past 30 years or so will have been designed with the needs of disabled people in mind – and this will be true to a greater extent in the case of buildings erected more recently. But that leaves a huge number of buildings that were erected perfectly lawfully before the new requirements were brought into force. Those are the subject of Part III of the 1995 Act. The Disability Discrimination Act 1995 The 1995 Act deals with the problem of discrimination against disabled people in several distinct areas. Part II deals with employment; Part III deals with the provision of goods, facilities and services; Part IV deals with education; and Part V with public transport. This paper deals with Part III. It should be noted at this stage that an excellent Code of Practice on the operation of Part III of the Act1 has been produced by the Disability Rights Commission (DRC), the body set up to supervise the working of the Act.2 Those responsible for any buildings used or available for use by the public will have to comply with all the requirements of Part III from October 2004.That date is not far away, and it will therefore be sensible for any new building works or reordering schemes from now on to be devised and implemented so as to lead to full compliance. And works may well be necessary to existing buildings in any event, to ensure that those using them are not in breach of their duties under the Act. Service providers It is important at the outset to take on board several concepts that are fundamental to the scheme of the 1995 Act. The first is that of a ‘provider of services’. This is the subject of section 19 of the 1995 Act, which effectively defines it as a person or organisation who provides almost any service to the public – whether for payment or otherwise. The Code of Practice provides numerous examples; but it certainly includes, for example, shops, offices, banks, hotels, recreational facilities, churches, pubs, restaurants, and tourist attractions. It should be emphasised that Part III of the Act is concerned with the provision of services generally, not specifically with (for example) buildings or procedures. Further, the whole Act and all the guidance focuses on the duties of service providers, and does not address some of the consequential problems that arise for others – such as planning authorities. Thus, the key question is not, for example, whether wheelchair users can get through a particular door into a shop or hotel, but rather whether everyone (including wheelchair users, the blind and those with reduced hearing) can have the benefit of all of the various services offered by the shopkeeper or hotelier. Disabled people The second key concept is that of a ‘disabled person’. This is defined in Part I of and Schedule 1 to the 1995 Act. Paragraph 4 of that Schedule makes it clear that ‘disability’ is broad and all-embracing, in that it is ‘any physical or mental impairment which has a substantial and long-term effect on the ability of the person concerned to carry out normal day-to-day activities, with reference to mobility, manual dexterity, physical coordination, continence, ability to lift, carry or otherwise move everyday objects, speech, hearing or eyesight, memory or ability to concentrate, learn or understand, or perception of the risk of physical danger’. It therefore extends not just to people in wheelchairs, the totally blind and the deaf, but also to those with arthritis, partial sight, progressive Alzheimer’s disease, and many, many others. See also the Appendix to the Code of Practice. The number of such people is not certain.The DRC
10 C O N T E X T 8 4 : M A Y 2 0 0 4 estimates it at 8.5 million in the UK, or around 15 per cent of the population. Over 5.2 million disabled people are of working age (18 per cent of the working population), yet only 42 per cent are in employment (compared to 81 per cent of non-disabled people of working age). One in four customers either has a disability or has a close relative or friend who is disabled; the estimated annual purchasing power of people with disabilities is £40–50 billion. And it should not be forgotten that any changes specifically for the benefit of those who are given rights by the Act will also benefit the elderly, the heavily pregnant, those who are excessively large or small, infants and those in charge of them, the sick, and the temporarily injured – which sooner or later includes everyone. Discrimination Thirdly, section 19(1) of the 1995 Act has the effect that it is unlawful for a service provider to ‘discriminate’ against a disabled person. The term ‘discrimination’ is then defined in section 20, so as to encompass a situation in which there is an objectively discernible act of discrimination, but without a subjective belief (at the time) that the act is justified. It should be noted that the discrimination can take two forms: • generally discriminatory treatment in the course of providing services; and • failure to comply with the duty under section 21 to make adjustments. The first has applied since 2 December 1996. Again, note the emphasis on services, and not on buildings. The second is being brought in two stages – in 1999 and 2004. This is considered in more detail below. The duty to make reasonable adjustments Section 19 merely imposes a general, and negative, duty on a service provider not to discriminate against disabled people. Section 21 of the 1995 Act, by contrast, imposes a positive duty on service providers to make adjustments to the way in which they provide the service in question, and to the premises on which they provide it. In all cases, the duty is to take ‘such steps as it is reasonable, in all the circumstances, for him to have to take’. What, in practice, is likely to be ‘reasonable’? In the past, duties to take ‘reasonable’ care have tended to be in the context of a requirement to do something that would be likely to be done in any event. Thus, for example, occupiers are under a duty to take reasonable care for the safety of their visitors; and employers are under a duty to take reasonable care of their employees. But, in both cases, they would probably do that anyway. This is a rare example of a parliament imposing a duty on a person to do something that is against the commercial interests of that person. It remains to be seen what approach the courts will take. One key factor, however, will be the guidance in the Code of Practice. This states as follows: ‘What is a reasonable step for a particular service provider to have to take depends on all the circumstances of the case. It will vary according to: • the type of service being provided • the nature of the service provider and its size and resources • the effect of the disability on the individual disabled person.’ However, without intending to be exhaustive, the following are some of the factors which might be taken into account when considering what is reasonable: • whether taking any particular steps would be effective in overcoming the difficulty that disabled people face in assessing the services in question • the extent to which it is practical for the service provider to take the steps • the financial and other costs of making the adjustment • the extent of any disruption which taking the steps would cause • the extent of the service provider’s financial and other resources • the amount of any resources already spent on making adjustments • the availability of financial and other assistance.’3 By virtue of section 53A of the Act, the provisions of the Code of Practice are not in themselves binding, but they must be taken into account. From October 1999: altering practices, policies and procedures, and providing auxiliary aids The easier part of the duty under section 21 came into force on 1 October 1999. Subsection (1) applies where service providers have practices, policies or procedures that have the effect of making it impossible or unreasonably difficult for disabled people to make use of the services provided. The duty is to make any ‘reasonable’ adjustments to those practices, policies or procedures to ensure that they no longer have that effect. This simply requires thought and imagination, and is unlikely to be too expensive or difficult in practice. So, for example, a commercial establishment that has a ‘no dogs’ policy would need to waive it so as to allow guide dogs for the blind. Secondly, subsection (2)(d) provides that where a physical feature of the service provider’s premises makes it impossible or unreasonably difficult for disabled people to make use of the services provided, the provider must take reasonable steps to make available an alternative method of providing the service. As to what is a ‘physical feature’, this is the subject of the Disability Discrimination (Services and Premises) Regulations 1999, which provide (in regulation 3) that more or less anything is capable of being a feature attracting the duty under the Act. A hotel would thus need to ensure that, as far as possible, there is a way of gaining access to the restaurant for those who are less mobile. And, thirdly, there is a need under subsection (4) to provide auxiliary aids and services to enable disabled Guidance For general guidance see, for example, Designing for Accessibility: an introductory guide (Tessa Palfryman, CAE, 2000); Access to the Historic Environment: meeting the needs of disabled people (Lisa Foster, Donhead Publishing, 1997); Buildings for All to Use: good practice guidance for improving existing public buildings for people with disabilities (Sylvester Bone, Construction Industry Research and Information Association (CIRIA), 1996); and Easy Access to Historic Properties (English Heritage, 1995). And there is a very large number of specialist organisations dealing with particular forms of disability (see the DRC website at www.drc.org.uk). In practice, the owners of many historic and other buildings will produce an access audit, to highlight particular problems faced by disabled people and to suggest ways of avoiding them.
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